GR 1657; (February, 1905) (Digest)
G.R. No. 1657 : February 1, 1905
THE UNITED STATES, complainant-appellee, vs. SULPICIO ALIÑO and ENRIQUE DELIMA, defendants-appellants.
FACTS:
On December 29, 1902, a complaint was filed charging Sulpicio Aliño and Enrique Delima with the crime of bandolerismo under Act No. 518. The prosecution alleged that before and after the law’s passage on November 12, 1902, the defendants formed and assisted a band of brigands (led by the Tabal brothers) within the jurisdiction of Talisay, Pardo, and Minglanilla in Cebu. The specific accusations were that they provided the band with information on police movements, purchased stolen goods, and supplied the band’s needs. After trial, the lower court convicted Aliño and Delima, sentencing Aliño to life imprisonment and Delima to twenty years’ imprisonment.
ISSUE:
Whether the guilt of the defendants for the crime of bandolerismo was proven beyond a reasonable doubt.
RULING:
No. The Supreme Court reversed the judgment of conviction and acquitted the defendants.
The Court emphasized the presumption of innocence and the requirement under Section 57 of General Orders No. 58 that guilt must be proven satisfactorily; in case of reasonable doubt, the accused must be acquitted. The evidence presented was insufficient to prove the allegations. The testimony of the primary witness, Julio Villaviles (the alleged victim’s husband), was uncorroborated, conflicted with the testimony of Barrio Lieutenant Jacinto Cañido, and was refuted by the defense’s evidence. Specifically, it was not established that the defendants organized or assisted an armed band for the purpose of robbery. The fact that defendant Aliño was previously a revolutionist who had since taken an oath of allegiance did not constitute proof of bandolerismo. Consequently, the prosecution failed to meet the burden of proof. The defendants were ordered acquitted and immediately released unless detained for another lawful cause. Costs were to be borne de oficio.
